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by Mike Caswell

Former Vancouverite Robert Hillis Miller has lost his effort to have charges thrown out that he faces for a $1.39-million scheme on the OTC Markets. (All figures are in U.S. dollars.) The U.S. Securities and Exchange Commission claims that Mr. Miller, 65, secretly held shares of Abakan Inc., a supposed industrial technology listing for which he served as chief executive officer. He used people and companies in Uruguay to disguise his holdings of the stock, the SEC says.

With the case not yet at the trial stage, Mr. Miller has been attempting to have the matter dismissed. To that end, he filed a motion for summary judgment, or one handed down without a trial. He said that the SEC had not adequately shown that he controlled the shares at issue, with the stock held by others. He acknowledged that he was associated with those holding the shares, but claimed that he was acting as a "friend, translator, or advisor" to them.

Unfortunately for Mr. Miller, the judge has rejected his request. In a ruling filed on Nov. 1, 2022, in federal court in Maryland, the judge has determined that the SEC's case is strong enough to proceed to trial. The evidence against him includes many e-mails and documents showing that he unloaded the stock through others and routed the money back to companies affiliated with him.

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